Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Ganesan 2.Udhyakumar (*)3.Vikenshwaran @ Viknesh ... Petitioners/ Accused Rank Not Known Vs State Rep.by The Inspector of Police, Chathrakudi Police Station, Ramanathapuram District.

(*)(Crime No.113 of 2022).

... Respondent/Complainant For Petitioners : M/s.Sivabalan.K, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in (*)Crime No.113 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections (*)294 (b), 323 and 506(i) of IPC, in Crime No.113 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to pervious enmity, on 07.07.2022 at about 8.30 p.m, wordy quarrel arose between the petitioners and the defacto complainant. As a result of which, petitioners along with other accused abused him in filthy language and also attacked him with wooden log and caused injuries to him. Therefore, the present case came to be registered. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. The petitioners have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the injured person has been 1/3

discharged from the hospital and also submitted that no previous case is pending against this petitioners.

5.Considering the facts and circumstances of the case and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioners, however, with stringent conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Paramakudi, Ramanathapuram District, and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only)each, with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned; and the petitioners shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 26/07/2022 (*) Amended as per order of this Hon'ble Court in CRL MP(MD)No.8396 of 2022 in CRL OP(MD)No.12901 of 2022 dated 26.07.2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI, RAMANATHAPURAM DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3 THE INSPECTOR OF POLICE, CHATHRAKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.SIVABALAN, Advocate ( SR-7649[I] dated 26/07/2022 )

ORDER

IN CRL OP(MD) No.12901 of 2022 Date :26/07/2022 TTA RS/SVR/SAR.3 (17.08.2022) 3P-6C 3/3